Flupirtin-Maleat, Higher Regional Court of Düsseldorf (Oberlandesgericht), 17 January 2013
February 5, 2014
In preliminary injunction proceedings: to fulfil the requirement of urgency a patentee must actively and with determination enforce the patent. A patentee does not have to wait for the outcome of nullity proceedings if a generic company has launched an infringing product on the market, thereby causing irreparable harm to patentee.
A full summary of this case has been published on Kluwer IP Law.
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